Mainstream Media Is The Mouthpiece Media Essay

Mainstream Media Is The Mouthpiece Media Essay There is no doubt that mainstream media and social networking websites have ballooned over the past few years to encourage the acceptance of 1Malaysia Concept to citizens. The 1Malaysia Concept was initiated by Prime Minister Datuk Seri Najib Tun Abdul Razak on 16 September 2010, as a platform to build upon the unique strength of the diversity of multiracial Malaysia. It is the Prime Ministers fervent belief that the preservation and enhancement of this unity in diversity will remain the countrys best hope for the future. So promoting the realization and greater understanding of the 1Malaysia Concept by Malaysians is extremely important for the mainstream media to cover by reaching citizens. This 1Malaysia program consists of 1Malaysia Shop, 1Malaysia Clinic, 1Malaysia Menu, 1Malaysia Peoples Housing (PR1MA), to help the middle income group to have better access to house ownership and 1Malaysia Peoples Taxi (TR1MA) aimed at improving the countrys public transport services and so on t hat provides many benefits and services that citizens can enjoy and save money. According to The Star Online News (Understanding 1Malaysia, Joshua Foong, 2010), various strategies, programs and activities have been implemented through the ministries various departments and agencies to promote the 1Malaysia Concept. In order to take stock on the effectiveness of the 1Malaysia promotional initiatives, the ministry undertook a random survey on the extent of the peoples public awareness, understanding and acceptance of the 1Malaysia Concept as part of the ministrys KPI (MKPI). According to figures by the ministry, a total of 12,212 respondents participated with 82% from the number saying they were aware of 1Malaysia and while a further 69% understood the concept. The ministry targets on having at least 50% of the total population of 27mil in accepting the 1Malaysia concept this year. A statement released by the ministry said continuous dissemination of key messages on the 1Malaysia Concept will be a pivotal factor towards inculcating better understanding and accepta nce of the concept by Malaysians in time to come. From here, we know that media plays an important role to deliver the government policies or information to citizens. We have employed various channels to spearhead the promotion. They include the electronic media (TV and radio), print media (newspapers, booklets, leaflets and posters), new media (websites, blogs, Facebook), face-to-face communication (talks, briefings, seminars) as well as cultural activities (acting, singing and dance performances), said by Datuk Seri Dr Rais Yatim. Such dedicated programs and activities all over the country have received positive response, strong support and participation from all sectors of the community, heralding much promise for the future. (Understanding 1Malaysia, Joshua Foong, 2010). Despite the traditional mainstream media, new social media technologies such as facebook and blogs are being used by the government to promote and encourage citizens to accept this information, resulted the 1Malaysia Concept are getting popular. While in (Najib Urges Media to Help Promote Mederation, 2010) our Prime Minister urged the media to play the role as a promoter of moderation to take back the centre and reclaim the agenda for peace and pragmatism. He said the movement of the moderates could marginalize the extremists, and that the media had a significant role to play in this quest. While according to The News Straits Time (1Malaysia concept a great vision,2012), the 1Malaysia Concept is a great vision in promoting unity not only to the Malaysian people but also to the region, United Nations secretary-general Ban Ki-moon said today. He said the concept could help in raising tolerance towards the different religions, cultures and traditions as Malaysia is a multi-ethnic, religious and cultural country.    Another article from The Star Online News (Najib: Translate 1Malaysia concept to benefit people, 2012), Najib said the Barisan Nasional government had introduced various 1Malaysia services and products to assist the people, such as 1Malaysia Peoples Aid (BR1M), which was warmly received. 1He said the 1Malaysia Concept should be translated into something tangible and benefits the people and not just remains political rhetoric. He emphasized that more 1Malaysia services and products were needed to help ease the rise in the cost of living. For example, specially-composed 1Malaysia songs and the 1Malaysia advertisement are aired daily via various TV and radio stations run by RTM. In Ai FM radio station, we can hear that the radio station everyday aired the information about 1Malaysia Concept in attempts to encourage citizen to accept the 1Malaysia Concept. For the private networks as well, they are tends to promote this concept and resulted the 1Malaysia Concept have been well-received a nd getting popular. Additionally, according to The Star Online News (Understanding 1Malaysia, Joshua Foong, 2010), showed that, around 18,070 lectures have been conducted by the information department this year in 139 districts involving about 550,000 people. Booklets and leaflets on 1Malaysia have been distributed as well at the state and district levels to be used as handy reference. The ministry has also been working towards disseminating the 1Malaysia concept to all participants undergoing National Service training (PLKN). From the articles above, we can see that various channels or mainstream media are being used by the governments to disseminate the 1Malaysia Concept that brings a lot of benefits to the citizens. Many channels have been covering this policies information to reach different levels of the citizens, and keep emphasize and re-emphasize the idea of 1Malaysia Concept is to harmonize citizens of different races in this country. As we can see that, the ways the mainstream media in order to cover 1Malaysia Concept is very neutral but had successfully shape the citizens mind gained the attention and the acceptance of citizens. More and more citizens can understand the concept for a better tomorrow. However, in today advanced social networking era, we can see that more and more people are using social media sites to get news and share the information, such as Facebook, Youtube, Twitter and so on. Facebook is the top media site in Malaysia and there are 90% of Malaysian uses Facebook as their prime social media network. In order to attract more citizens get to know about 1Malaysia Concept, or even to convenience the citizens to get more information, it is found that there were a homepage of 1Malaysia existing in Facebook that citizens can get the information and share it among their friends around the world. Other than that, the government also created a website of 1Malaysia The Personal Website of Dato Sri Najib Razak that intended to provide a free and open forum to discuss the things that matter deeply to us as a Nation. The website provides a chance to express and explore the many perspectives of citizens. Citizens can download the booklet as well from the website to get mor e detail about what kind of benefits that as a Malaysian can enjoy. In terms of today commercial culture, advertisements exist at anywhere and anytime. People are highly exposed with the advertisement indirectly. The 1Malaysia advertisement can be found in local newspaper, TV or radio advertisement as well as social network, shopping malls, billboards along the road and so on to make the advertisement intangible in order to reach everyone and their target audiences. We can see the logo of 1Malaysia Concept at anywhere especially in government webpage, government office, government clinic and hospital, banners of PROTONS flyer and even can be found in the products of goods which is made from Malaysia. TV and radio are the most effective ways to make the citizens to accept the 1Malaysia Concept because the 1Malaysia Concept. According to mass society theory, media were seen as only one of many disruptive forces, cancerous force within society and have to be purged or totally restructured. Media have the power to reach out and directly influence the min ds of average people. Once the peoples minds are corrupted by media, all sorts of bad, long-term consequences result bringing not only ruin to individual lives but also creating social problems on a vast scale. As it is say that, people are vulnerable to media because they have been cut off and isolated from traditional social institutions that previously protected them from manipulation. But in propaganda theories, media became the focus of attention. One of the common propaganda techniques is intended to make many people respond to the information overload situation pressured by processing the messages as quickly as possible, therefore by making mental short cuts. In addition, propaganda theory also is the no-hold-barred use of communication to propagate specific beliefs and expectations. For example, the slogan of 1Malaysia Concept in recent and past few year which in year For example, the slogan of 1Malaysia Concept in recent and past few year which in year 2009 People First, Performance Now (Rakyat Didahulukan, Pencapaian Diutamakan), in year 2010 Generating Transformation  (Menjana Transformasi), in year 2011 Transformation Successful, People Prosperous (Transformasi Berjaya, Rakyat Sejahtera), and in year 2012 Promises Fulfilled (Janji Diterpati). It is can say that the used of the slogans in 1Malaysia Concept is to make the citizens believe in, seek to g ain the support and acceptance from the citizen as well as other expectations. In other words, the uses of propaganda attempt to change the way of people act and influence their perceptions. The social chaos initiated by media will inevitably be resolved by establishment of a totalitarian social order. In other word, mass media should debase higher forms of culture, bringing about a general decline in civilization. While in modern propaganda theory, the argument of this modern propaganda theory is that powerful elites are so thoroughly control the mass media and their content that they have little trouble imposing their truth on the culture. The theory is facilitated by three factors i.e. an audience, the use of sophisticated polling and survey procedures, and the incorporation of media companies into mega conglomerates. These factors combine to put untold power in the hand of powerful business and governmental elites without the publics awareness whether the information is true or not. In conclusion, in nation all over the world, the media has to adapt to the political system in which they are operating. How much freedom that the media can enjoys is indicative by the political system that they operate in. In a democracy country, media and politics will always have close ties. Mainstream media is the mouthpiece of the government in nation to disseminating the information on government policies, programs and messages to the citizen. But because of the mainstream media is often heavily influenced by the governments and corporate stockholders, the news it reports on is often kept as neutral as possible or typically of general interest, to avoid losing members and the audience, therefore, they avoid reporting on controversial or sensitive topics especially topics about cultures and religions. For this reason, some people speak disparagingly about the mainstream media, arguing that issues of importance often do not reach the general public. No private-owned newspaper or radio and TV stations are allowed to discriminate the government openly and thus no dissident voice is heard. The government decides what kind of information the citizens should know and the government tends to control or regulate the media by laws but allowed a certain degree of freedom, as long as the media operates within the prescribed perimeter, it will not be harassed. Mainstream media is often associated with reliability and integrity, enforced by firm journalistic standards and the presence of supervisors and review boards who are supposed to ensure that the news is accurately reported. However, the mainstream media is also accused by some individuals of being extremely biased. The political leanings of major media companies may come out in the type of coverage it has, for example, and the choice to refrain from publicizing controversial stories may be viewed as a lapse of integrity. Social justice issues often receive scant coverage in the mainstream media, to the frustrati on of people who want to alert people to such issues. Because of this, more and more people are moving forward to look for other sources that allowed them to know the truth, whether the 1Malaysia Concept is really beneficial as a citizens of Malaysia. The internet has held hope for many Malaysians who are seeking wider democratic space, to enhance freedom of expression and democracy in Malaysia.

Richard II in William Shakespeare Essay -- Hero Richard II Shakespeare

Richard II in William Shakespeare The plays of William Shakespeare are generally easy to categorize, and the heroes of these plays are equally so. However, in the history play Richard II, Shakespeare’s king is more ambiguous than Hamlet or Romeo– there is no clear cut answer to whether Richard II is a tragic hero... or simply a tragedy. Historically, Richard II was crowned at a very young age, forced into the role of monarch, and thrust without hesitation into the murky world of political intrigue, which perhaps lends his character sympathy because he had no choice in his fate. However, despite his forced role in life, Richard II seems to rely on the concept of divine right to secure his throne, making no effort to sustain it once it is â€Å"irrevocably† his. Richard II is both the tragic hero and the tragedy– simply playing the role of King for the majority of the play, but only coming into his own after he is deposed, and only then to fight for his own existence. From the beginning of the play, Richard II is apathetic at best in his royal role. By exiling Bolingbroke and...

To Kill A Mochingbird: Trial Of Life :: essays research papers

Trials of Life   Ã‚  Ã‚  Ã‚  Ã‚  Life is all about experiencing, learning, and growing up. The novel To Kill a Mockingbird written by Harper Lee shows many examples of growing up during the Great Depression. To Kill a Mockingbird is set in the South during the 1930’s. The novel is a summary of the lives of the Finch family and their learning experiences. Atticus Finch, a single parent and lawyer, informs and advises his kids as well as many others about the realities of life. Jem and Scout, his children, encounter many growing experiences throughout their childhood. Dill, Jem and Scout’s friend, visits his Aunt Rachel during the summer. He too encounters growing experiences along with Jem and Scout. These four characters lives are prime examples of the trials of life.   Ã‚  Ã‚  Ã‚  Ã‚  Throughout the novel To Kill a Mockingbird, Atticus teaches many lessons about people, society, and life, especially to Jem and Scout. In Chapter 11, Atticus says to Jem, â€Å"...I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It’s when you know you’re licked before you begin but you begin anyway and you see it through no matter what...† Atticus tells Jem this after Mrs. Dubose, their neighbor, dies. By saying this, Atticus is teaching Jem that courage comes from within oneself and takes mental strength and maturity.   Ã‚  Ã‚  Ã‚  Ã‚  Atticus teaches Scout to fight with her head instead of her fists in Chapter 9, p. 80 when he says, â€Å"...you just hold your head high and keep those fists down. No matter what anybody says to you, don’t let them get your goat. Try fighting with your head for a change...it’s a good one, even if it does resist learning.† Atticus teaches this concept using himself as an example. He is always calm and fair to everyone.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  2 â€Å"But he’s gone and drowned his dinner in syrup,† I protested, â€Å"He’s poured it all over.-† In this quote during the beginning of the book, Scout shows a lot of immaturity. She shows immaturity by making fun of her guest, which is something that is normally done by people who don’t know better, or are too young. Scout shows signs of immaturity similar to this throughout the book. It is not until the middle and latter parts of the novel that Jean Louise starts to show signs of growing up and maturing.

Virgin Corporate Strategy

VIRGIN’S GROUP CORPORATE STRATEGY DIVERSIFICATION 1. Introduction The Virgin Group is one of Britain’s biggest and successful empires in the 21st century. The company has successfully incorporated a great number of diverse industries under the Virgin brand. This includes travel, mobile, financial services, leisure, cosmetics, retail, and music businesses. Virgin has been able to dominate the British market and has therefore continued to rapidly expand into other regions such as the United States, Canada and Australia. The enterprise was founded by Sir Richard Branson in 1970 as a simple mail-order record retailer and has grown into one of the most prosperous business empires in the business world. To date, the Virgin Group has globalized and established in over 200 small to mid-sized firms, employing over 25,000 people. As a result, the company has exceeded over $7 billion in revenue in 2002. Each one of Virgin’s 200 firms operates as a single entity. Branson either holds ownership of a firm as CEO, or has a minority or majority stake. The Virgin Group does not hold a hierarchal presence within the empire, which allowed its various subsidiaries to operate in an autonomous manner. 2. Richard Branson: The strategic thinking As the creator of Virgin and a famous personality around the world, Richard Branson has created an entrepreneurial culture that is carried throughout the Virgin group of companies. His anti-corporation and anti-bureaucracy spirit resulted in a flat organizational structure with transparency and quick communication; his loyalty and care for friends let to an organization with great employee focus, and also attracted some of the best people to work for him for a moderate salary. Looking into his kind of strategic thinking, we can see that it is characterized by having a strong relationship with risk. His attitude towards risk is explorative, willing to take risks in order to enter into completely new businesses that the company knew nothing until now. In addition to this, their type of thinking, as an mage of their leader, is characterized by being intuitive, requiring no systematic risk analysis, based largely only in the rapid perception of alternative strategic intuition. This kind of thinkers are formerly known as entrepreneurs but in this situation combined with a strong social component as Sir Richard Branson often uses himself to convey the group’s message into the media or as a tool to promote the group’s brand. Is this kind of strategic thinking that explains the high level of unrelated diversification of the group that we are exploring in this report. 3. Organizational Analysis and Corporate Strategy Values The Virgin Group’s overall brand identity is built upon the founder Richard Branson’s philosophy which states that â€Å"if you keep your staff happy then the customer will be happy, and if you keep the customer happy then the shareholders are happy†, â€Å"shape the business around people†, â€Å"Build don’t buy†, â€Å"Be the best, not the biggest†, â€Å"Pioneer, don’t follow the leader† or â€Å"staff first, then customers and shareholders† are some the main guidelines of Richard Branson and we can see it as some of the company values. This underlying belief transcends into each one of Virgin’s subsidiaries and into each individual organizational culture. This is evident in the way in which members of the Virgin group interact with one another, as it is apparent that all members at Virgin agree strongly about certain beliefs, values, and assumptions, which are reinforced within the company. Virgin has continually retained a strong belief that it is their employees who: deliver brilliant customer service; give the company its personality, shape its culture, and innovate. They are viewed as Virgin’s greatest asset and as such, management believes that employees should be treated with respect. Management looks after their employees’ welfare and allows them the freedom to grow and be themselves. Virgin actively encourages personal expression, whether it is in their speech, creative and conceptual thinking, or dress code. It is these fundamental values and beliefs that have allowed Virgin to thrive in such a competitive environment, challenge new opportunities and excel in its markets, while still continuing to operate with integrity. As we know the core competencies of a company should meet three requirements: -Significant value creation for the clients Difficulty of imitation by competitors -Access to new markets As we look into Virgin we can see that each subsidiary shares a set of values that are continually strengthened: value for money, excellent quality products, brilliant customer service, innovation, competition and consistently having fun throughout the process. Virgin would only put its name to a project if it met four out of five criteria: it must be innov ative, challenge authority, offer value for money by being better than the competitors, be good quality, and the market must be growing. In such a large conglomerate empire as the Virgin Group, these broad set of fundamental beliefs continually work to strengthen the company’s brand as well as its culture. 3. Corporate Strategy formulation: Diversification Entering new markets using the brand Virgin is the strong asset of the group. Diversification is the name of this process in which Virgin leveraged his brand recognition as a form of growth strategy for the company. It seeks to increase profitability through greater sales volume obtained from new products and new markets. There are two kind of reasons for which a company look for diversification: – Defensive reasons which may be spreading the risk of market contraction, or being forced to diversify when current product or current market orientation seems to provide no further opportunities for growth. – Offensive reasons may be getting into new positions, taking opportunities that offers greater profitability than expansion opportunities, or using retained cash that exceeds total expansion needs. Instead of focusing in increasing the main competencies of their initial core business Virgin focused in diversifying risk acquiring new skills, new techniques and new facilities hence through an offensive strategy. Therefore, they followed not the internal development of new products or markets or acquisition of new firms but alliance or joint ventures with a complementary company which could enable them to operate in a new and unrelated market based on a set of attributes and values rather than a market sector. It was about being the consumer's champion! We can all this type of strategy as Conglomerate diversification (or lateral diversification). The corporate strategy of the Virgin Group is to operate like a venture capital firm based on the Virgin brand. This strategy involves non-related diversification at the individual business unit level. By leveraging on the Virgin Brand which has established prominence in the minds of consumers, Virgin is able to enter new business areas s haking up existing orders. Branson’s has entered in a business after another in which he perceived a set of consumers that were being underserved by a complacent and dominant player. The unique Virgin culture also allows Virgin to execute its ventures very effectively which were inspired in the keiretsu system as Branson was a convicted fan of the Japanese approach to business and â€Å"their commitment to long-term development and focus on organic growth†. The similarities are in a sense that Virgin is a group of companies pretty much diversified which have formal links in management and financial and also share a common identity. The formal linkages between the companies are, as we saw in the case, the ownership, the brand and the management. In order to protect the brand Virgin and Branson’s name the group is keeping some companies that are running with losses. Speaking in financials they are selling some of the most profitable companies as Virgin Records to finance the new start-ups. This is due to the fact that they identify a company operating in a segment which is clearly moving toward maturity to decline and instead of keeping it they sell moving to a new and growing market through diversification. The Virgin Group covers a wide range of industries-from Travel and Tourism (Limousines, Vacations, etc. , Leisure and Pleasure (Spa, Games, etc. ), Social and Environment (Green Fund, Virgin Earth), Beverages (wines and soft drinks), Media and Telecommunications (Radio, Broadband, Mobile, etc), Books, Clothing, Finance and Money, and Health (Health Bank, Life Care). But despite its diversification in terms of industries and products, it never diversified its brand names. All of its services and products in every in dustry have the name Virgin affixed to it. Virgin is a strong but universal brand name; so universal that many analysts believe the group should franchise to others unrelated companies. The Virgin brand made it possible to overcome barriers to entry in various industries and sectors and has been the group’s most important asset, together with Richard Branson. 4. Virgin Cola: Overview of Strategy Formulation Virgin Cola was created up during the early 1990s in a joint venture with Cott, a Canadian company that specializes in bottling own-label drinks for the UK market. Cott was looking for a major international brand that could have global appeal. That’s when Richard Branson attempted to extend the Virgin franchise into the cola market. Using the brand pattern in the Virgin Group’s diversification strategy, Branson claimed to fight the incumbents, Coca-Cola and Pepsi Cola in alliance with an organization with core competencies in this area. Within a few months of its release, Virgin Cola had a 50% market share in the outlets that sold it. As Virgin stands for value of money, quality, innovation, fun and a sense of competitive challenge they focus in the brand awareness to create the differentiation from the main competitors. Cross-promotion has been Branson's main weapon, serving Virgin Cola on Virgin Atlantic flights and (until they closed down) at Virgin Cinemas. In fact, we can see that this pattern was repeated successively in each new diversification, in each one was followed by expansions of the products markets, based either on new strategic alliances or within internal development and Virgin Cola followed the trend and also increased the portfolio and created new products (flavor expansions). The strong brand positioning and the innovative character were the key issues in the product differentiation options which can be can be explained due to the client’s linkage with the High risk perception associated with the product’s potential malfunction and the client’s low level of confidence in the choice of the product. We can also observe several stages of internationalization to countries where there was an Anglo-Saxon matrix, in this case France, Belgium, South Africa and later on the US. We can also see that there are still some actions regarding vertical integration, but more with a commercial purpose rather than operational. So far it has failed to overtake Pepsi in the UK as Richard Branson claimed it would, and unlike Pepsi or Coke it's relatively hard to find cans of Virgin Cola on sale anywhere as they have a weakness in distribution channels.

Vioxx Recall

IntroductionMerck, one of the world’s leading pharmaceutical markets, had enjoyed a long reputation as one of drug companies that prioritize ‘ethical and socially responsible’ as their company’s main core values. They once had been recognized as â€Å"most admired company† for unbelievably seven successive years by Fortune magazine and also persistently listed as one of best companies to work for. With their flawless and honorable reputation, no wonder Merck ranked fourth in sales, fifth in assets and market values, and first in profits; where they earned $7.33 billion in 2005 (Lawrence, 2006).However, no one would have thought that someday, this company’s stability will be in questioned. That’s what happened in 2004. The company’s best-selling prescription painkiller, Vioxx turned out from a â€Å"blockbuster drug† to â€Å"blockbuster disaster† when it is believed that it increased the risk of heart attacks and st rokes. Consequently, Merck had to deal with many challenges; the plunge in the stock’s price, lawsuits, investigations and others. Until, in September 2004, Merck had to pull Vioxx off the market to focus on taking responsibilities for every trouble they have caused. This report will discuss in summary about what had happened; the behavior of  Merck towards risk associated with Vioxx, safety measures that should have been taken, the recall of Vioxx and some recommendations; which all will be explained further later on.Socially Responsible and Ethical MannerThis section will focus on the action of Merck; whether they have acted ethical and socially responsible with regard to Vioxx, and these actions will be addressed in terms of drug development and testing, marketing and advertising, relationships with government regulators and policy makers, and the handling of the recall. Also, this section will provide a few suggestions; what could or should Merck have done differently, if anything. George W. Merck, the company’s long-time CEO once said that, â€Å"We try never to forget that medicine is for the people, not for the profits. As long as we remembered that, the profits will follow; they never fail to appear†. This statement then decided to be set as their priority and guidance for every of their actions. However, did they really have acted ethical and socially responsible towards this value? No, they’re not. Why?Drug Development and TestingLet’s take a look at the situation first. Back in the old days; before the drug was approved, there are some doubt on the safety of prescribing Vioxx. Although it is still in the early stage, research made by Merck scientist suggests that there are high cardiovascular risks associated with the prescription of Vioxx. This was confirmed as stated in an e-mail by Dr. Alise Reicin (one of the Merck scientists), according to The Wall Street Journal. In the e-mail, she expressed her concerns in the possibility of cardiovascular events prior to prescribing Vioxx.She also had planned to communicate those results to her senior management; however, nothing’s happened. In 2000 (when Vioxx already in market), a research financed by Merck was conducted. This study; code-named VIGOR was designed to study gastrointestinal side effects by comparing it with the effects of taking naproxen (Aleve). The results of VIGOR later suggest that although Vioxx are easier on the stomach compared to naproxen, it also contribute to risks of suffering heart-attacks fives time higher.However, they denied the risks inherent in Vioxx by simply stating that the findings were in favor of the  heart-protective effect in naproxen. In 9 March 2000, Dr. Edward Scolnick; the company’s research director finally admitted the presence of cardiovascular risks inherent in Vioxx. Then, they considering to reformulate Vioxx by adding an agent to prevent blood clots (in the meantime, might reduce c ardiovascular risk), but somehow, they dropped the project. Analyzing from the situation above, clearly that Merck have not acted ethical and socially responsible in the Vioxx’s development and testing.Why? Here are the reasons. At first, if Merck already knew about Vioxx’s dangers and defects, especially in the development phase, they should never ever try to even put the drug in the market for prescription. Instead, they should finance and urge their research or scientist team to try reformulating the drug so that the harmful side effects can be removed, or at the very least, minimized. As for the results of VIGOR; where Vioxx was already there in the market, they should not denied whatever test or research that have been made and was proven to be true. Alternatively, Merck should have taken the drug off the market right then and explored other options to improve the drug. 2.2 Marketing and advertisingAs a fact, the advertising technique used by Merck and other drug companies at that time was Direct-to-Consumer (DTC). Granted by the FDA in 1997, this technique allows companies to directly advertise their prescriptions to respective target customers. To seize the opportunities, Merck then employed tens of thousands of sales representatives; mostly attractive young men and women. These people will then go to promote the drugs; often around the doctors’ offices where they will talk about the drugs and give out free sample.Aside of that, Merck also snatch the occasion by placing numerous ads on television, magazines and newspapers. One example of famous ad for Vioxx will be the ad featuring Olympic figure skating champion, Dorothy Hamill. In the ad, she slither elegantly across an outdoor ice rink, and later telling the commercial viewers that she would not let arthritis stop her. By all means, Merck did not act in an ethical manner in this term too. Why? Firstly, it does not communicate the full aspects of the products well enough; no messa ge regarding the safety precaution. This is illustrated in the Dorothy’s commercial, where the ad did not convey their message strong enough about it safety.It is afraid might exposed patients to prescribe  without having knowledge about the medicines, whether it is safe or not. Thus, what Merck could do differently is that, they should disseminate the full features about the drug, especially if the drug does inherent some risk in prescribing it. In addition; they can also convey the message simply by labeling or tag the bottle of the drug with some safety and precaution measures. In terms of DTC advertising, they should not put pressures on the doctors, because this might forced these doctors to recommend drugs that might not suitable for the patients. One way to deal with this approach is to forbid companies from giving gift or other forms of briberies in attempt to persuade doctors to bring their drugs to the attention of patients; since this is what Merck do behind the door.Relationships with government regulators and policymakersBack in the United States, the main body that regulate and conduct clinical trials to measure the safety and effectiveness’s of a drug before it can be sold to the public was the Food and Drug Administration (FDA). To relate with this context, one of the reason why Merck became the leader in pharmaceutical industries is because it’s strong influence â€Å"at the top†. By lobbying, Merck and other drug companies consistently donate large sums of money to political parties, and this benefits them in terms of influence they had over some superiors, even at the FDA.The unethical actions of Merck were demonstrated during the â€Å"one-by-one† discovery of Vioxx’s bad side effects; where Merck keeps ignore the findings over and over again with various excuses. It is undisputable that such actions might be simply because those influences they thought they had over the regulators. If analyzed ca refully, their actions in handling the controversy might be influenced by the notion of â€Å"bribe† they have done over the past years; where they donate money to political parties. Thus, the act of so-called â€Å"donation† should be prohibited (fortunately, it was banned in 2003).Handling of the recallThough Merck consistently irresponsible socially and ethically in the way they dealt with the Vioxx situation, the handling of Vioxx recall from the pharmaceutical market seems to be managed appropriately and in a professional manner by Merck. On September 30, 2004, Vioxx was officially withdrawn from market associated with Merck press conference. In addition, Merck also revealed that the Vioxx issue was being investigated by the US  Justice Department, the Securities Exchange Commission and the US Congress. In this context, the only thing that Merck should have done differently is that whenever they found out any risk associated with their drugs, they shouldnâ€℠¢t wait any longer, even for one week, to withdraw their drugs out of the market.Rate of stakeholdersIn this section, the focus will be converged on the best ways to protect consumers of prescription medicines. This section also will outline what are the specific roles of stakeholders available in assuring the safety and effectiveness of prescription medicines. And by the term ‘stakeholders available’, explanation of the roles will be viewed from four perspectives of pharmaceutical companies, government regulators and policymakers, patients and their physicians and the court system.Pharmaceutical companiesNot just Merck, other pharmaceutical companies also should realize that they have a huge responsibility to ensure the safety of their respective customers, so that it can benefits themselves in return. As for Merck, who having â€Å"try to never to forget that medicine is for the people, not for the profits† as their touchstone of core values, they should have b een a better pharmaceutical companies in protecting their consumers. How? There are various ways to do so.First and foremost, and the most basic one is to remember the idea that medicines is for people, not for the profit. As long as they put people first, it is possible that customers will keep their loyalty with the company. Aside of that, companies also should realize that they are accountable to conduct more research and testing on their drugs before it can be placed in a market; so that nothing bad happened to their customers in the future. In addition, if their drugs do possess some risks in consuming it, at least put some warning or safety labels so that patients aware of that risk before prescribing it. 3.2 Government regulators and policymakersThis might be harsh, but the fact that all the problems occurred in the case of Merck and Vioxx are not just because of them alone, but the FDA too. If  FDA pays more attention, awareness and inspect on the safety of Vioxx more rigo rously, Vioxx may not be in the market at all, and thus might save people’s life. As a lesson, the following recommendations might help government to not let the same thing happened.First, drug-area regulators should ensure all new drugs that are going to be released to the public have been tested long enough and proven to be safe. In addition, all government regulators and policymakers in the field of pharmaceutical industries also should bear in mind that they have a huge responsibility in protecting the public against any harmful and risky drugs, so that they will not go easy on the companies that do not abide the law.Patients and their physiciansAside of government and pharmaceutical companies, consumers also should know their responsibility in protecting themselves against various harmful and risks associated with prescription medicines. One way to ensure the effectiveness and safety of a drug before prescribes it, is by looking for extra information about the prescripti on medicines. Consumers can do that by asking for opinion from their physicians and other experts, or even by accessing Internet. This way, patients will have the knowledge whether the drugs is harmful or not. On the other hand, physicians should be more aware against any types of bribes and kept in mind to avoid it no matter what, and be more honest to their patients to guide them about the safety of prescription medicines.The court systemTo protect consumers of prescription medicines, what the court system can do is to be more strict in the jurisdiction against any company that do not abide the law in assuring the safety of drugs, and zero tolerance with those who attempt to involve in briberies.Suggestion for ImprovementsPrior to this case study, it can be said that the main reasons why there are so many risky and harmful drugs in market are because the pressures put on the FDA to approve new drugs faster by consumers and drug companies alike. This led the FDA to sometimes overlo ok the risk and safety of certain drugs because of the pressure to meet the demands for these medicines. In this context, one of the changes that can be made is the FDA should extend the  time of approval of new drugs so that any necessary research can be made. This thus led to a better knowledge about the safety of the drugs before it can be sold into a market.Aside of that, DTC advertising system also need to be monitored continuously so that any acts of bribe such as gift, donation, etc. can be avoided. Lastly, it is suggested that all present system that regulates the law and policy of pharmaceutical industries to put some restrictions and even punishment for those companies that simply do not comply with the standards set.ConclusionThrough the case study, it can be said that Merck was indeed a successful company in their time. Although their low-point period was kept â€Å"in the eye of the storm† more than whatever success, honors, and recognition they did achieved be fore, Merck should be more appreciated for whatever great things that they have done in the past years. If only Merck do patience a little bit and not to rush with the introduction of Vioxx; instead they spent a longer time in minimizing the risks inherent in Vioxx to a much more safer, it is possible that Merck might continue to be one of the most successful company in today’s world.Unfortunately, the past cannot be changed. What was left for Merck now is to build back their image, but it’s all depends on the company itself. Should or shouldn’t they? Of course they should. Everybody deserved a second chance. Yes, Merck did not act socially and in ethical manner before, but if they do get back to do what they were used to do; of course, without all those illegal and immoral behavior, comeback sure to follow.

Cultural Considerations Essay

This paper will examine and assesses the cultural concerns and influences of today’s societies with mixed cultures and the effect on the criminal justices system. The paper will address how the cultural concerns and influences affect justice and security administration and practice. The paper will show some contemporary methods by the police and security used in societies of mixed cultures. The paper will address how these influences and considerations relate to and affect nondiscrimination practices within the criminal justice system. Finally, the paper will address Sir Robert Peel’s nine principles and how they fit into today’s police departments. The military occupation of numerous countries in the Middle East and Europe has brought police practices into question. The local police forces have been trained by the military in which the rules are different. The free people are suffering abuse at the hands of the police in those countries. In those cases where militant law is present and security is more prevalent, the police appear to work more for the current occupying military than for that country’s government or the people. More than 200 cases of torture have either been investigated or court marshaled by the United States in violation of the United Nations anti-torture body in 2006. This increase in torture may be caused by racial, ethnic, and religious differences in the contemporary War on Terrorism (French &Wailes, 2008). The abuse on that scale does not occur within the United States; however, a problem still exists with the assessment of police and security personnel. These practices are scrutinized by the military, governments, security agencies, and local and foreign police. Of course, these practices question discrimination and profiling. Profiling is one of the major concerns here in the United States. Some confusion exits between profiling and racial profiling. A person cannot be profiled by a police officer based on color, sex, religion, or culture. However, a person can be profiled if he or she matches the description of a suspect. The measures currently used to assess officers are objective and may disclose intimate aspects of the person tested. The standard for recognition in the United States is the Commission on Accreditation for Law Enforcement Agencies (CALEA) that was established in 1979. Psychological testing is in place, however; standards are not set by CALEA, and each agency conducts their own testing (French & Wailes, 2008). In 1973, the National Advisory Commission on Criminal Justice Standards and Goals recommended that every police agency follow a formal selection process that includes a written test of mental ability or aptitude, an oral interview, a psychological examination, and a background investigation. It was believed that introducing greater screening and standardization to the selection process would result in a more qualified police force. International Association of Chiefs of Police (IACP) developed several guidelines for pre-employment psychological evaluations. These recommendations address such issues as validation of testing instruments, compliance with legislation, such as the Americans with Disabilities Act (ADA), using qualified psychologists familiar with the relevant research, and content of the written reports (Cochrane, Tett & Vandercreek, 2008). Compliance with such acts as the ADA indicates the implementation of diversity in the testing process. A few of the most common comprehensive personality tests given to police officers during their psychological testing include the following: Neuroticism, Extraversion, and Openness (NEO) Personality Inventory, Minnesota Multiphasic Personality Inventory–2(MMPI-2), and Inwald Personality Inventory (IPI). Traits from the NEO Personality Inventory–Revised, which was based on the five-factor model of personality, have also shown to be predictive of police performance. The MMPI-2 and the IPI have been shown to be effective in predicting several job criteria for police officers as well (Cochrane, Tett & Vandercreek, 2008). Today’s American policing and justice system is based on English principles and English common law. One such tradition was limited police authority. This gives way to liberties and freedoms and limits governmental authority. Another tradition was the localized police control as opposed to a national, centralized police force as experienced in many other countries. This turned out to be both an advantage and a detriment. The localization resulted in fragmentation and decentralization of law enforcement. The advantage was acquiring little national control (Walker & Katz, 2011, p. 24). Peel believed that prevention of crime could be accomplished without intruding into the lives of citizens so he developed the nine principles of community policing. His first concept was the basic mission of police was to prevent crime and disorder. The prevention of crime makes the job easier of the police. Police presence is deterrence, therefore prevents crime from occurring. This is the basis for today’s community policing concept. The public must also approve of the actions of the police in the performance of their duties. The people must work voluntarily with the police in observance of the laws to maintain public order (History, 2002). The public must comply voluntarily with the laws and work with the police. Most people do what is morally correct; in turn the police also must do what is lawfully correct. The police are directed by the United States Constitution and the Bill of Rights to safeguard every citizen’s right from interference from government. These philosophies are still observed today. If a citizen does not approve of the conduct of the police, a complaint is filed. If the public does not agree with a law, they work to make changes. If the public fails to observe the law, there are consequences, such an arrest or a fine. Another concept concerns the use of physical force to gain compliance. The public is cooperative with the police whereas physical force not need be employed. If compliance is not gained and physical force is required, the force will not be so great as to be considered excessive (History, 2002). The Constitution provides rights to the people and protects them from the police in this area. Laws in most states specifically write out what is considered â€Å"force,† when and how it can be used. Last, the police are specifically trained in the application of force through means of various weapons and hand to hand combat. This force is not to be excessive, not to be used as punishment, or in a punitive manner. The force used is that reasonable force to effect and arrest, to protect oneself or another from death or great bodily harm. The police serve both the public and the law, they shall not show impartiality, but to the law. The officers are also members of the public. Any interest the public has would also be interest to the police (History, 2002). In this case, the officer may come from any background may be either sex or any race. The officer must show fairness to members of other groups and not discriminate against those members or members of his or her own group. The officer shall treat everyone as equally as possible. The police are hired to uphold the law, at the same time serve the public. Peel’s theory indicates, when a conflict arises, the service to the law should outweigh the public service. This concept is contradictory to today’s practices. Policing has become â€Å"customer service†-oriented, where the customer is always right. The officers are members of the public, when they are in an off duty capacity, they are afforded the same rights as any other citizen. However, they should govern themselves as an upstanding citizen because they do represent the law. The final concept indicates the effectiveness of policing is the lack of crime and disorder. This concept is known as preventative policing. In today’s society, the crimes are not occurring where there is a high police presence. So, Peel’s principles are still used to some extent. The demographics have changed since his time. People and crimes have evolved. People’s values have changed, whereas they are tolerant of certain crimes. The attitudes toward police have changed. In a location where there is a strong police presence, fewer crimes occur. This is consistent with Peel’s concept. However, if the demographics of the neighborhood are less desirable, the people of the neighborhood indicate the police are prejudiced and do not want the police in the neighborhood. Thus, more crimes occur in this less protected neighborhood. If fewer police are present, the response time for an officer to an incident is longer because there are fewer officers and more calls. The ratio of officers to calls is higher. In these cases discrimination is blamed for the increased of police presence and the lack of it as well. The affected parties assume they are discriminated against because more police are in their areas, where more crime occurs. However, when the police are not present, they blame the police for the increase in crime because the police are not present. In conclusion, most of Sir Robert Peel’s principles can be applied to the organization of a police department today. In fact, many departments in England still work by his principles. Some need to be altered to accommodate today’s society to be more â€Å"customer† friendly. The United States Constitution and Bill of Rights need to be recognized, as well such as the Due Process Clauses to both the Fifth and Fourteenth Amendments if his principles are applied.

Absent Character in Susan Glaspell

Susan Clasped Is at her best when she uses the medium of the theatre In order to discuss the politics of gender, the position of women bound by the social and gender conventions in a male dominant society, freedom of speech, woman's identity and the life in woman's rights. The device of one absent character serves more than well to this purpose in one of Scalpel's plays, Trifles. The absent heroine controls the action and raises several important issues along the way.It forces us, the readers, to be engaged more actively and to consider all the clues that the absent heroine had left for us. In this case, the absence of the mall protagonist helps Clasped deal with the personal space of her female characters. This Is where Scalpel's skills as a dramatist come to surface. In her other play, The Inheritors, Clasped uses the same device to raw attention to other issues of equal importance. She focuses on what it means to be an American, how people differently perceive historical events an d for what reasons.In both of these plays, her device of the absent character fully engages the reader and at the same time successfully communicates Scalpel's ideas. Susan Scalpel's Trifles tackles gender roles and the separate spheres in which men and women operate, and exposes oppression and maltreatment of women in the early 20th century America. It also explores sympathy and sisterhood in the light of a complex moral dilemma on approaching the truth. The action of the play revolves around solving the murder.What is interesting about the play, however, is that the key characters, Mr.. And Mrs.. Wright never appear on the stage, which is â€Å"a trademark of Scalpel's plays. † Although Mrs.. Wright is not physically present in the play, her existence is felt and touched upon and will prove to have an important role for the development of the action in the play. Traces of the unfinished work of Mrs.. Wright and all the other details present at the crime scene will help two other women of the play to get an insight into Mrs..Wright's state of mind, which will turn out to be of racial importance for discovering the motive and thus solving the murder. It is by her absence in the play that the women notice all the â€Å"trifles† and that the men â€Å"at the end of the play (†¦ ) know no more than at the beginning. † How is it that we come to know so much about Mrs.. Wright although she is virtually not present in the play? First of all, her personal items help us reflect on her life as well as on the circumstances that led her to kill her husband.Interpreting all the clues that Minnie Foster left around the house, the women come to the conclusion that her marriage prided her of happiness, liveliness and Joy, and transformed her into a completely different woman. We also come to a conclusion that Minnie was not alone, that there were many women who were dealing with the same problems, alone. Moreover, the two women in the play realize t hat they, too, share Mince's destiny. Consequently, the women are faced with a moral dilemma in having to make a decision whether to reveal what they had found out and send Mrs..Wright to prison for the crime she did commit. This is where the idea of the sisterhood comes to life. Among other indications, it is Mince's bird and the cage that help us realize that she was leading a life in captivity. The importance of the bird involves several issues. First of all, it is a clue to solving the murder, because the strangled bird provided a motive for it. Mrs.. Hale concludes that it was Mr.. Wright who strangled the bird because he was irritated by its song.The bird and Minnie stand for beauty and life and the cage stands for Mince's married life, and we do not need Minnie on stage in order to realize that. Her very absence helps the two women to take notice of the bird, perceive its importance to Mrs.. Wright and identify themselves with her. Besides the bird and the cage, Mrs.. Peters and Mrs.. Hale find few other things such as an unfinished quilt which represented her nervous state of mind, and find out that Minnie was a victim of domestic isolation. In this way, the author creates a bond between her female characters.The absence of Minnie serves several other purposes. It portrays the way in which men from the play approach the investigation and the very way they perceive women. Starting from her husband, neither of the men seems to understand Minnie. The three men performing the role of the investigators fail to see the complexity of the situation and the importance of insight into Mince's psychological condition which proves to be important for solving the details of her house since the men don't share her context. The absence of the character of Minnie therefore, demonstrates the injustice and the suffering in separate spheres, and the unjust treatment of women. Moreover, Clasped uses this device in order to show the ability of Mrs.. Peters and Mrs.. Hale t o find out the true story of Minnie Wright's life by obviously displaying Mince's everyday object and ere personal space, in this case, the kitchen. Ben-Xvi touches upon one other important issue which is highlighted by Mince's absent character.Although absent from the stage, the character of Minnie Wright functions not Just as a link that holds the action of the entire play together, but also as a link to the lives of the other two female characters. Linda Ben-Xvi points out: â€Å"Clasped depicts inarticulate power of women to understand the shared experiences of other women unstructured by language, but nevertheless communicated through mutually shared pain. † One of the central themes of the play, the â€Å"shared experience†, enables women to develop and nourish mutual trust and understanding and defines how they struggle together against conventions.It is the voice of Minnie that is echoed through the house and the play that enables women to realize this importan t notion. By introducing the dramatic technique of keeping the protagonist off the stage, Clasped invites the audience on a quest to truth through dialogue and actions of the characters that remain on stage. Moreover, she starts her play after a death, wishing for her audience to experience a new kind of a Journey. Her playInheritors, on the other hand, is one of Scalpel's most original responses to the American identity crisis and the concern by the isolationist and xenophobic policy of President Wilson â€Å"whose anti-immigrant and anti-anarchist laws, the Espionage and Sedition Acts, were devised to protect war-time morale by curbing any political dissent†. In this three-act play set in the American Midwest, Clasped uses the device of the absent character but this time applied to the Native American population in order to express these ideas.Similar to Trifles, absent Native Americans function on overall levels and serve several important purposes. With the two-layered te mporal structure of the play, Clasped explores the construction of an American ethos. By keeping the Native Americans off the stage, Clasped tackles misconceptions that do not only concern women: Native Americans were also victims of injustice and degradation. This attitude is best expressed in Smith's prejudiced misconceptions: â€Å"l guess you believe the saying that the only good Indian is a dead Indian. Smith expresses the attitude of many other white Americans who were ignorant regarding heir own past and who in their oversimplified vision of the war saw the Indians as bad and the white settlers and soldiers as good. Smith is also ignorant because he believes that the American government paid a good compensation to the Indians for their land: GRANDMOTHER: But poor old Blackjack-?what he didn't know was how many white man there was. After the war-?when he was beaten but not conquered in his heart-?they took him east-?Washington, Philadelphia, New York-?and when he saw the whit e man's cities-?it was a different Indian came back.He Just let his heart break without turning a hand. SMITH: But we paid them for their lands. (she looks at him) Paid them something. GRANDMOTHER: Something. For fifteen million acres of and thirty-four dollars and fifty cents, we promised to deliver annually goods to the value of one thousand dollars. Not a fancy price-?even for them days. The portrayal of Black Hawk by Grandma Morton does not concur with the picture Smith had in his mind about the Indians. He does not know that Black Hawk was a prisoner of war displayed throughout the USA in order to entertain the population.In this aspect Clasped is rather daring because, under the government legislation, she loud have been accused of anti-nationalism allegedly displayed in her play. Native Americans never appear on stage, they are alive through the words of the white settlers who knew them, in this case, Grandmother Morton and later her son Sills. Nellie Hernandez-Real believes that the fact that no Native American characters appear on stage corresponds to â€Å"Scalpel's remark that they have been removed from the American landscape. Inline Jove further suggests that the Whites conquered the West and erased the Indians from the American scene and that by adopting the treated of the absent character, the playwright literalism the metaphor: Through Grandmother Moron's affectionate evocation of the Indian Chief and the references to the injustices Indians endured, Clasped presents her spectators another version of their national past and also infers that, in spite of their actual removal and erasure from the American landscape, Native Americans as well as women can regain some visibility through oral tradition.Grandmother's version stems from life, real experience, and not from books or official governmental documents written to arouse the loyalty of the country's inhabitants. †¦ ) By reviving the past, Clasped aims to keep social memory alive in order to preserve the ties that cement the community, the Nation. By restoring the primacy of autobiographical memories over history, Clasped also shows that the past should not be reduced to a series of sterile stereotypes.The complex nature of the past is to be passed on from one generation to the next, cherished as the gift of knowledge which, contrary to the ignorance that breeds intolerance, favors cohabitation, that is living together as a Nation. Through the role of the absent character of Native Americans, Clasped subtly questions the guiding principles underlying the foundation of the United States of America: that all men are created equal, and that they have a right to life, liberty and the pursuit of happiness.Clasped infers that the respect of these principles is essential if people want to live together as a Nation and that the cultural differences of each member of the community should be taken into account. Moreover, Clasped subtly draws a comparative line between the whi tes and the Indians in a time when Darning's theories were used to Justify the inferiority of the Indians. She does this wrought Grandmother Morton who observes that she noticed â€Å"something of the same nature in white folk†, regarding the attitude towards land, which allows Clasped to infer that the Native Americans and the Whites are similar in nature.Although Native Americans are not present on stage, the white people who knew them help us understand their situation better and also enable Clasped to draw some of the talk with her husband about how the Indians and the white men could live together and that sharing the same land is indeed possible. We can conclude that Scalpel's theatrical device of the absent character functions n several levels in Trifles. First of all, the absence of Minnie helps Mrs.. Peters and Mrs.. Hales feel empathy towards her to such an extent that they are willing to hide the evidence from their husbands.On the other hand, they recognize in Min nie their own position in the social system of the time. The absent Minnie found a way out of her oppression by killing her husband and shortly regained her independence. At the same time, she brought to light the dilemmas of women who live in a situation similar to hers. Furthermore, according to Linda Ben-Xvi, Trifles becomes an important vehicle that brings real-life events closer to drama. In her opinion, Clasped even contributed to the shaping of public opinion about a woman being tried.Inheritors, on the other hand, functions similarly but has a different agenda: Theatre is the art that can give flesh to the past. As a collective experience, theatre seems to be one of the most adequate forms of art to rekindle collective memory since it makes the past alive in the present of the audience who are invited to transcend the world of fiction and consider to what extent the issues raised on stage can be related to their social reality. Like the philosopher, the playwright calls upon ere readers and spectators to draw lessons from the past and act in accordance in the present in the name of Justice.

Actions that the MLRO of BCD should take

Introduction A Money Laundering Reporting Officer (MLRO) is an officer within a firm or practice that has been nominated to make disclosures to the National Crime Agency (NCA), formerly the Serious Organised Crime Agency (SOCA), under the Proceeds of Crimes Act (POCA) 2007 and the Terrorism Act (TA) 2000. It is provided under Regulation 20 of the Money Laundering Regulations 2007 that if an MLRO receives an internal disclosure of suspected money laundering or terrorist financing, they are required to consider the disclosure and decide whether the grounds of suspicion are sufficient enough to pass the disclosure onto NCA (Ellinger et al; 2011: 98). Since the MLRO of BCD Bank has received an internal money laundering suspicion report from Christian, they will be required to consider whether the matter should be passed onto NCA. Given that Radovan Rankovich (RR) is allegedly wanted by the authorities in the Ukraine for criminal actions against the state, and has received a recent transfer of ?15 mil lion from a Corporate Service Provider in Cyprus, it is likely that this would warrant a disclosure to NCA for investigation. In accordance with this, the MLRO will be required to file a Suspicious Activity Report (SAR) with NCA and subsequently liaise with them to deal with this matter accordingly (Ellinger et al; 2011: 97). Part 7 of POCA makes it a requirement for banks to make a disclosure to NCA if they reasonably suspect that a person is involved in money laundering (s. 329). If the MLRO fails to make such a disclosure then he or she may be found criminally liable under this Act for a failure to disclose (s. 331). This is because a person commits an offence under s. 329 if they; acquire, use or have possession of, criminal property. Since a bank would fall within the scope of this section, it is possible that BCD Bank would be subject to criminal proceedings if they failed to take the appropriate action and thus make the relevant disclosures. If the MLRO does not believe that the grounds of suspicion are sufficient to report the matter to NCA, then the MLRO will be required to make further inquiries (International Monetary Fund, 2011: 65). Once the MLRO has made a report to NCA, the report will be ‘protected’ under s. 337 so that nothing in the report shall be taken to breach any restriction on the disclosure of information. Given that BCD Bank may have engaged in money laundering by allowing RR’s transactions to take place, they may have a defence under s. 338 if they make demonstrate that they made the disclosure as soon as possible. Similar provisions also apply under th e TA if the person is also suspected of terrorist financing. As Christian has received a text message stating that RR is wanted by the authorities in the Ukraine for criminal actions against the state, it is likely that the MLRO will also be required to comply with the provisions under the TA for a reasonable suspicion of terrorist financing. An obligation to report under the TA will therefore arise which means that the MLRO will be required to disclose the identity of RR, any information that relates to the matter and the whereabouts of the laundered property. There are two different types of report that may be made by the MLRO, namely protected reports and authorised reports. A protected disclosure is made by a person during the course of their trade, profession or employment. This type of disclosure is generally made by a person who is carrying our professional activities. An authorised disclosure is made by a person who is about to commit a prohibited act or has already committed a prohibited act (Bastable and Yeo, 2011: 108). Since the bank has already dealt with the property that is suspected of being laundered, it is more appropriate for an authorised disclosure to be made. The MLRO will also be required to obtain consent from NCA under ss. 335 and 336 to determine whether Christian can action any further transfers out of RR’s account. This will be done by making a ‘consent report’ to NCA, which will then block any transactions for seven working days. If NCA gives consent to the MLRO, the MLRO will then be able to give consent to Christian to carry out the transactions (Bastable and Yeo, 2011: 108). If NCA refuse consent, however, the proposed transactions will be frozen for a further 31 days, unless consent is granted during that period; R (on the application of UMBS Online Ltd [2007] WL 1292620. The Risks and Issues for the Bank This particular issue regarding RR is likely to be problematic for the BCD Bank as they will want to act in the best interests of their customer, namely RR, so that they remain in business with them whilst at the same time they are required to fulfil certain obligations imposed upon them by law. Because BCD will be required to disclose their suspicions even if RR has not acted in a criminal manner, this will have a damaging effect upon RR’s reputation and as put by Hislop (2009); â€Å"absent bad faith, little more than a â€Å"bad feeling† can trigger a banks disclosure obligations under POCA 2002, with in some cases catastrophic commercial consequences for the customer and a damning of his hitherto â€Å"good name† in the business community.† If the banks suspicions are incorrect, this can be significantly detrimental for RR. As such, the bank will need to be careful that they are striking a balance between the interests of RR with its duties to disclose . In the recent case of SHAH and another v HSBC private bank (UK) Ltd (2009) EWHC 79 (QB) the implications Part 7 has upon the rights of the individual and the banking business was clearly highlighted. Here, it was demonstrated that where a bank makes a SAR in respect of a suspicious transaction, they may not be provided with protection if the customer decides to challenge the banks suspicions in the future. This is so, despite the fact that a criminal offence may have been committed if the bank failed to make such a disclosure. Customers will have a right to challenge the banks suspicions with the bank then being required to prove that the suspicion was reasonable. It may be difficult to determine how the bank can justify making a disclosure since it was made clear by the court in this case that â€Å"the defendant must think that there is a possibility, which is more than fanciful, that the relevant facts exist. A vague feeling of unease would not suffice.† The bank will therefore be taking a risk in many any disclosure, especially this one since it will have to be shown that the text message was sufficient enough for a disclosure to be made. Furthermore, even if the circu mstances do render a disclosure justified, the bank’s decision may still be challenged which can be costly and time consuming. In K Ltd v National Westminster Bank plc [2007] 1 WLR 311 it was noted by the Court that; â€Å"to intervene between a banker and his customer in the performance of the contract of mandate is a serious interference with the free flow of trade. But Parliament has considered that a limited interference is to be tolerated in preference to allowing the undoubted evil of money-laundering to run rife in the commercial community.† Therefore, even though such a disclosure may interfere with the relationship between the bank and RR, such interference will be necessary if it will be likely to prevent money laundering from taking place. The bank needs to be clear that an interference of RR’s account is appropriate on the circumstances, since a frozen bank account for a period of time has in the past been considered a ‘grave injustice’ in the case of Squirrell Limited v National Westminster Bank plc (Customs and Excise Commissioners intervening [2006] 1 WLR 637. Here, the customer’s funds were frozen resulting in the customer being unable to afford the legal fees it would cost to challenge the decision. Therefore, if RR’s funds were frozen, which subsequently prevented RR from challenging the decision; it is unlikely that this would be deemed appropriate by the court. In accordance with this, it has been said that the test for suspicion is â€Å"a purely subjective matter† ( Medroft, 2010: 190). The decision as to whether the suspicion is reasonable will therefore depend upon whether Christian actually believed that the transaction was suspicious. If it cannot be found that this is the case, the interference cannot be considered justifiable and a breach of the customer’s human rights may also be established as in K Ltd. The bank will therefore be required to consider whether ‘reasonable grounds’ do actually exist, having regard to the elements constituting market abuse offences (Hudson and Hutchinson, 2009: 1). There are many inherent risks that are associated with disclosures and as such, it is vital that the bank is aware of its exact rights and obligations. In SHAH the court found that the bank did not act in an unreasonable manner which is likely to be the case in the instant situation. As such, it will most likely be difficult for RR to show that the bank had not acted in good faith. However, it could be argued that there was an unreasonable delay by the bank to make the disclosure under s. 338(2). As a result of this, the bank could be exposed to liability for breach of its duty of care (Medroft, 2010: 190). Whether this is acceptable remains an arguable subject but as expressed by Benjamin (2007: 62); â€Å"here the objective is not informed consent to risk but combating crime.à ¢â‚¬  Accordingly, it is therefore generally accepted that a bank’s interference will be justified on public policy grounds. The bank will still be subjected to many risks when making a disclosure, nonetheless, and must therefore consider whether the consequences of making a disclosure can be justified (Ellinger et al. 2010: 114). In addition, if the bank decides to make a disclosure, they must be careful not to allow the customer to find out as they can be found liable for ‘tipping off. This is another issue that may arise since a customer could become aware that a disclosure has been made simply due to the fact that their account has been suspended. It could be said that the bank is in a difficult situation as whatever option it takes, sanctions may still be imposed. As one judge noted in Governer & Company of the Bank of Scotland v A Ltd [2000] Lloyd’s Rep Bank 271, 287; â€Å"the bank may commit a criminal offence if it pays or if it refuses to pay.† Furthermore, if the bank makes a disclosure based on its suspicions, which later turn out to be unfounded, the bank risks civil liability for breaching its contract with its customer (Ellinger et al: 2010: 114). This is because the bank will have frozen the customer’s account which would have prevented payments from being made in and out of the account. Because the banks have a significant burden imposed upon them when it comes to dealing with money laundering, some attempt has been made to ensure that banks acting in good faith will not face criminal liability. For example, it was held by the court in C v S [1999] 2 All ER 343 that â€Å"it would not normally be an abuse of process to prosecute a bank which was doing no more than obeying a court order for disclosure.† Still, it is necessary for the bank to consider all of the risks before considering whether to make a disclosure or not. Overall, it is necessary on the facts for the MLRO of BCD Bank to make a disclosure to NCA since it does appear that the suspicions are reasonable. This is based upon the transaction of ?15 million that was made recently as well as the text message that Christian has received. Whilst the bank would be required to examine the potential issues with disclosing such information and freezing the account of RR this appears necessary and in the public interest. It will most likely prevent money laundering activities from taking place and will ensure that Christian, the MLRO and the bank are complying with their obligations. References Bastable, G., and Yeo, N., (2011). Money Laundering Law and Regulation: A Practical Guide, Oxford University Press. Benjamin, J., (2007). Financial Law. OUP Oxford. Ellinger, E. P., Lomnicka, E., and Hare, C., (2011) Ellinger’s Modern Banking Law, (Oxford University Press. Ellinger, E. P., Lomnicka, E., and Hare, C., (2010) Ellinger’s Modern Banking Law. 5th Edition. OUP Oxford. Hislop, D., (2009). ‘Banks, SARS & the Customer’ 159 New Law Journal 1099, Issue 7380. International Monetary Fund., (2011) Banking and Insurance, Business & Economics. Medcroft, N., (2010). A Banker’s Liability for Damages Arising from Compliance with PT 7 POCA’ 4 Journal of International Banking and Financial Law 227, Issue 4. Medcroft, N., (2009). Refusing to Execute Payment Instructions Where a Bank Suspects Money Laundering. 4 Journal of International Banking and Financial Law 190, Issue 4. Hudson, D., and Hutchinson, K., (2009). Suspicious Transactions Reports: Reporting Obligations of Financial Institutions in the UK. Complinet, [Accessed 07 June, 2014]. Cases C v S [1999] 2 All ER 343 Governer & Company of the Bank of Scotland v A Ltd [2000] Lloyd’s Rep Bank 271, 287 K Ltd v National Westminster Bank plc [2007] 1 WLR 311 R (on the application of UMBS Online Ltd [2007] WL 1292620 SHAH and another v HSBC private bank (UK) Ltd (2009) EWHC 79 (QB) Squirrell Limited v National Westminster Bank plc (Customs and Excise Commissioners intervening [2006] 1 WLR 637

How do nurses in acute mental health ward minimize and manage patient Essay

How do nurses in acute mental health ward minimize and manage patient aggression and violence - Essay Example This should lead up to production of a comprehensive report. Findings: It is the hope of the researcher that the study will reveal the most common management measures and the most effective. The findings should be applicable in acute mental care wards to prevent violence among patients or any forms of aggression. The expected outcome is a reduction in aggression, especially that which is directed toward nurses in these wards and hence improve on their safety. Aggressive behavior in the acute mental health ward is a major concern in under mental healthcare. Turnbull and Patterson (2009) in their work, point out that nurses working in mental healthcare facilities often find themselves falling victim to assault at the ward, with at least one out ten being physically assaulted. The situation is dire. Healthcare providers in this setting are therefore tasked with finding means to manage this violence. Because of this, there has been focus around ways in which nurses in acute mental healthcare wards can minimize and manage patient aggression and violence (Chou, Lui and Mao 2002).This paper seeks to address the management of aggression and violence in mental care ward. There has been increasing attention towards violence in the mental health ward, given the escalation in the population of violent patients. These attacks, Anderson and West (2011) argue, are a reality and concern, much as the victims often think of them as a natural part of their jobs that cannot be avoided. The effects can be devastating. This fact forms the basis for this paper. The PICO model, as discussed by Davies (2011) will be employed in formulation of the research question that underpins the argument of this paper. This model is preferable to the SPICE model since it forms the basis for formulation of questions in studies that have qualitative elements mainly (Krueger, 2003), which is the nature of the study in this case, qualitative.

Project Management Essay Example | Topics and Well Written Essays - 2250 words - 2

Project Management - Essay Example The PFI is termed as a more formal approach for PPP adoption. PFI in simplest form is termed as Design Build Finance and Operate (DBFO) system. Procurements of material can be made using different modes in general, but the Private Finance Initiative (PFI) and Public Private Partnership (PPP) stands distinctly apart in that it allows the contribution of private parties as well in public sector projects. This not only helps in having better options for the project manager, but it also provides momentum to the project towards its completion on time. The PFI generally involves long term contracts ranging from 15-30 years with private sector contractors for providing quality services as per the agreement terms. The PPP forum states that1 such an arrangement ‘typically involves the joint ownership of a special purpose vehicle established under company law’. These are in fact the basic minimum conditions that need to be taken into account. Things like financial background, track record, mutual chemistry of the private partner with the public sector organization are the one’s which need to be taken into while finalizing the partnership program Inviting PFI/PPP is not free from potential disadvantages, if there are some problems in the execution process. The contractual obligation in PFI/PPP is meant to safeguard all the parties involved, but at times the cumbersome process and the terms of the contractual agreement works to the disadvantage of potential bidders. In addition the amount of flexibility that is available in purely public sector project is missing in PPP projects. Quite often the pressure of delivering on time takes its toll on the workforce, who finds themselves stretched beyond their limits, but such voices often remain mum because private companies do not encourage the unions within their companies. A prerequisite for such partnerships is to